Everything You Need to Know About Probate 

The probate process does not have an excellent reputation. When you are dealing with the loss of a family member, a legal process is one of the last things you want to deal with. Understanding the probate process will make it easier to deal with, and it also ensures that you are not caught by surprise. Moreover, hiring a Ridgeland probate estate administration lawyer can help you tremendously, so do not hesitate to reach out. 

What is probate? 

First, we need to understand what exactly probate is. Probate is the official legal process in which the estate of a person who recently died, also called the decedent, is administered, and their assets are distributed. If the decedent has a last will and testament, the probate will also involve that, considering it is legally valid. The laws differ in every state, so it is good to talk to an attorney to determine if a probate proceeding is required and what reports need to be prepared. 

Terms you should know. 

Legal processes are confusing, especially when you are already dealing with a lot. Knowing the basic terminology about probates may help you at a time like this. 

• Decedent: the person who has recently died and whose estate is being administered 
• Personal Representative or Executor: the person who carries out or executes the instructions in the last will and testament of the decedent 
• Administrator: if someone dies without leaving a will, the court appoints an executor, called the administrator 
• Intestate: a case where the decedent does without a will 
• Intestacy: state laws that determine how to distribute the estate of intestate cases 
• Letters testamentary: a probate court document providing authority to the executor to start carrying out the will 
• Notice to Creditors and Notice of Probate: the notices given to the heirs and creditors by the executor 

What is the process of probate? 

The probate process will differ from state to state based on their probate laws. However, this is how the probate process generally goes: 

1. Verifying the last will and testament 
2. Appointing an executor 
3. Posting bond 
4. Taking inventory of the decedent’s assets 
5. Determining the date of death values 
6. Identifying creditors and sending them a written notice 
7. Paying the decedent’s debts 
8. Filing tax returns 
9. Distributing the estate 

Documents to bring to your first probate hearing: 

• Last will 
• Death certificate of the decedent or its certified copy 
• List of decedent’s heirs with addresses 
• List of creditors 

How long does probate take? 

The probate process is extensive. Dealing with all of the assets – especially the large assets, like selling a house – can take multiple months. The entire process may take numerous years.